When parties agree in advance to mediate any dispute before resorting to litigation and fail to do so, courts may either stay or dismiss the litigation without prejudice. The magistrate did not err in dismissing the case even though plaintiff argued that it had proposed mediation without response from defendant and that a stay was necessary to be able to compel mediation.
Hometown Services, Inc. v. Equitylock Solutions, Inc., No. 1:13-cv-00304 (U.S.D.C. W.D. N.C., September 5, 2014)
